Wanjina-Wunggurr Native Title Aboriginal Corporation (Wanjina-Wunggurr Wilinggin) on Behalf of Its Members; Wanjina-Wunggurr Native Title Aboriginal Corporation (Dambimangari) on Behalf of Its Members/ Western...

[2013] NNTTA 48

NATIONAL NATIVE TITLE TRIBUNAL

Wanjina-Wunggurr Native Title Aboriginal Corporation (Wanjina-Wunggurr Wilinggin) on behalf of its members; Wanjina-Wunggurr Native Title Aboriginal Corporation (Dambimangari) on behalf of its members/ Western Australia/ Spinifex Abrasives Pty Ltd

[2013] NNTTA 48 (7 May 2013)

Application No:        WO2013/0406; WO2013/0432

IN THE MATTER of the Native Title Act 1993 (Cth)

- and -

IN THE MATTER of an inquiry into expedited procedure objection application

Wanjina-Wunggurr Native Title Aboriginal Corporation (Wanjina-Wunggurr Wilinggin) (WCD2004/001); Wanjina-Wunggurr Native Title Aboriginal Corporation (Dambimangari) (WCD2011/002) (native title parties)

- and -

The State of Western Australia (Government party)

- and -

Spinifex Abrasives Pty Ltd (grantee parties)

DECISION TO DISMISS OBJECTION APPLICATION

Tribunal:                  Daniel O’Dea
Place:  Perth
Date:  7 May 2013

Catchwords:  Native title – future act – proposed grant of retention license –- expedited procedure objection application – incorrect notification – notification terminated by Government party objection application dismissed.

Legislation:Native Title Act 1993 (Cth), ss 29, 31(1), 32(7), 148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

1. On 27 February 2013, the Government party gave notice under s 29 of the Native Title Act 1993 (Cth) of its intention to R04/1 (the proposed tenement) to Spinifex Abrasives Pty Ltd (the grantee party) and included in the notice a statement that it considered the grants attracted the expedited procedure.

2. On 3 April 2013 and 4 April 2013, Wanjina-Wunggurr Native Title Aboriginal Corporation (Wanjina-Wunggurr Wilinggin) and Wanjina-Wunggurr Native Title Aboriginal Corporation (Dambimangari) (the native title parties) made expedited procedure objection applications, WO2013/0406 and WO2013/0432 in relation to the proposed tenement.

3. On 6 May 2013, the Department of Mines and Petroleum on behalf of the Government party, advised the Tribunal that the s 29 notice relating to tenement R04/1 is incorrect and this notification is now terminated.

Decision

1. Objections WO2013/0406 and WO2013/0432 are dismissed pursuant to s 148(a) of the Native Title Act 1993 (Cth).

Daniel O’Dea
Member
7 May 2013